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Articles 1 - 30 of 36
Full-Text Articles in Law
United Steelworkers Of America V. Weber: An Exercise In Understandable Indecision, George Schatzki
United Steelworkers Of America V. Weber: An Exercise In Understandable Indecision, George Schatzki
Washington Law Review
It is well known to those involved in the world of employment-discrimination law that in 1974 the United Steelworkers of America and Kaiser Aluminum & Chemical Corporation entered into a collective-bargaining agreement which provided for a new on-the-job training program designed solely to correct the virtually total absence of blacks in Kaiser's craft workforce. Fifty percent of the trainees were to be black. Brian Weber, a white production worker who failed to obtain a position in the program, instituted a class action suit alleging that the affirmative action plan discriminated against him and his white colleagues in violation of Title …
Void-For-Vagueness—Judicial Response To Allegedly Vague Statutes—State V. Zuanich, 92 Wn. 2d 61, 593 P.2d 1314 (1979), Jeffrey Merle Evans
Void-For-Vagueness—Judicial Response To Allegedly Vague Statutes—State V. Zuanich, 92 Wn. 2d 61, 593 P.2d 1314 (1979), Jeffrey Merle Evans
Washington Law Review
In light of the problematic nature of the void-for-vagueness doctrine, this note argues that a defendant should never have standing to challenge a statute as unconstitutionally vague unless sufficient facts have been established to allow the court to review the statute in its actual application to the defendant. If, however, Washington courts insist upon reviewing a challenged statute on its face, they should be alert to the possibility that judicial review under the void-for-vagueness doctrine will become unduly expansive. This note suggests that courts can minimize potential abuse by carefully framing the constitutional issue and by appropriately construing the challenged …
Investor Protection And The Revised Uniform Limited Partnership Act, Mary E. Brumder
Investor Protection And The Revised Uniform Limited Partnership Act, Mary E. Brumder
Washington Law Review
The 1976 ULPA is a definite improvement over the 1916 ULPA. The new Act, however, makes only slight changes in one of the important and problematic parts of the old Act—the role of limited partners. As it is likely that a number of legislatures will consider adoption of the 1976 ULPA in the near future, this comment is written to provide guidance in the area of the limited partner's role. After examining the role of the limited partner as it has evolved within the structure of the 1916 ULPA, this comment discusses changes made by the 1976 ULPA and recommends …
Toward A Theory Of Rights For The Employment Relation, Robert Brousseau
Toward A Theory Of Rights For The Employment Relation, Robert Brousseau
Washington Law Review
It is my argument that much thinking in the area of labor law has been grafted upon an individualistic stock where it ought not grow; in fact, the considerations embodied in that diverse corpus we call labor law draw heavily upon a tradition of collective jurisprudence, and it is in collective terms that we ought to seek the solution of concrete cases. I shall attempt first to demonstrate the disarray in the treatment of labor rights, to show the origins of the conflict between collective and individualistic traditions, and then to propose a mode of analysis for the reconciliation of …
Void-For-Vagueness—Judicial Response To Allegedly Vague Statutes—State V. Zuanich, 92 Wn. 2d 61, 593 P.2d 1314 (1979), Jeffrey Merle Evans
Void-For-Vagueness—Judicial Response To Allegedly Vague Statutes—State V. Zuanich, 92 Wn. 2d 61, 593 P.2d 1314 (1979), Jeffrey Merle Evans
Washington Law Review
In light of the problematic nature of the void-for-vagueness doctrine, this note argues that a defendant should never have standing to challenge a statute as unconstitutionally vague unless sufficient facts have been established to allow the court to review the statute in its actual application to the defendant. If, however, Washington courts insist upon reviewing a challenged statute on its face, they should be alert to the possibility that judicial review under the void-for-vagueness doctrine will become unduly expansive. This note suggests that courts can minimize potential abuse by carefully framing the constitutional issue and by appropriately construing the challenged …
Corporations—Conditional Supermajority Provisions: Protecting Shareholders' Interests—Seibert V. Gulton Industries, Inc., No. 5631 (Del. Ch. June 21, 1979), Aff'd, No. 219 (Del. Jan. 4, 1980), Constance M. Crawley
Corporations—Conditional Supermajority Provisions: Protecting Shareholders' Interests—Seibert V. Gulton Industries, Inc., No. 5631 (Del. Ch. June 21, 1979), Aff'd, No. 219 (Del. Jan. 4, 1980), Constance M. Crawley
Washington Law Review
In Seibert v. Gulton Industries, Inc., the Delaware Supreme Court affirmed the dismissal of a complaint challenging the legality of a conditional supermajority amendment to Gulton Industries' certificate of incorporation. The challenged amendment required the affirmative vote of eighty percent of Gulton's shareholders to approve a proposed takeover of Gulton by any person or entity that had acquired five percent or more of Gulton's shares prior to its proposed takeover. The eighty percent vote was not required if Gulton's directors had approved the proposed takeover prior to the other entity's acquisition of a five percent interest in Gulton. In such …
United Steelworkers Of America V. Weber: An Exercise In Understandable Indecision, George Schatzki
United Steelworkers Of America V. Weber: An Exercise In Understandable Indecision, George Schatzki
Washington Law Review
It is well known to those involved in the world of employment-discrimination law that in 1974 the United Steelworkers of America and Kaiser Aluminum & Chemical Corporation entered into a collective-bargaining agreement which provided for a new on-the-job training program designed solely to correct the virtually total absence of blacks in Kaiser's craft workforce. Fifty percent of the trainees were to be black. Brian Weber, a white production worker who failed to obtain a position in the program, instituted a class action suit alleging that the affirmative action plan discriminated against him and his white colleagues in violation of Title …
Toward A Theory Of Rights For The Employment Relation, Robert Brousseau
Toward A Theory Of Rights For The Employment Relation, Robert Brousseau
Washington Law Review
It is my argument that much thinking in the area of labor law has been grafted upon an individualistic stock where it ought not grow; in fact, the considerations embodied in that diverse corpus we call labor law draw heavily upon a tradition of collective jurisprudence, and it is in collective terms that we ought to seek the solution of concrete cases. I shall attempt first to demonstrate the disarray in the treatment of labor rights, to show the origins of the conflict between collective and individualistic traditions, and then to propose a mode of analysis for the reconciliation of …
Defamation And The First Amendment: Protecting Speech On Public Issues, Bruce J. Borrus
Defamation And The First Amendment: Protecting Speech On Public Issues, Bruce J. Borrus
Washington Law Review
The common law of defamation collided with the United States Constitution in New York Times Co. v. Sullivan, and aftershocks from that collision have been rumbling for sixteen years. Ever since the New York Times Court asserted that the first and fourteenth amendments impose restraints on a state's power to afford a civil remedy for wrongful injury to reputation, the Supreme Court has been torn between its concern for personal reputation and its competing concern for free expression. The difficulty of resolving the conflict between these two concerns has forced the Court to decide a long line of cases …
Corporations—Conditional Supermajority Provisions: Protecting Shareholders' Interests—Seibert V. Gulton Industries, Inc., No. 5631 (Del. Ch. June 21, 1979), Aff'd, No. 219 (Del. Jan. 4, 1980), Constance M. Crawley
Corporations—Conditional Supermajority Provisions: Protecting Shareholders' Interests—Seibert V. Gulton Industries, Inc., No. 5631 (Del. Ch. June 21, 1979), Aff'd, No. 219 (Del. Jan. 4, 1980), Constance M. Crawley
Washington Law Review
In Seibert v. Gulton Industries, Inc., the Delaware Supreme Court affirmed the dismissal of a complaint challenging the legality of a conditional supermajority amendment to Gulton Industries' certificate of incorporation. The challenged amendment required the affirmative vote of eighty percent of Gulton's shareholders to approve a proposed takeover of Gulton by any person or entity that had acquired five percent or more of Gulton's shares prior to its proposed takeover. The eighty percent vote was not required if Gulton's directors had approved the proposed takeover prior to the other entity's acquisition of a five percent interest in Gulton. In …
Defamation And The First Amendment: Protecting Speech On Public Issues, Bruce J. Borrus
Defamation And The First Amendment: Protecting Speech On Public Issues, Bruce J. Borrus
Washington Law Review
The common law of defamation collided with the United States Constitution in New York Times Co. v. Sullivan, and aftershocks from that collision have been rumbling for sixteen years. Ever since the New York Times Court asserted that the first and fourteenth amendments impose restraints on a state's power to afford a civil remedy for wrongful injury to reputation, the Supreme Court has been torn between its concern for personal reputation and its competing concern for free expression. The difficulty of resolving the conflict between these two concerns has forced the Court to decide a long line of cases in …
Investor Protection And The Revised Uniform Limited Partnership Act, Mary E. Brumder
Investor Protection And The Revised Uniform Limited Partnership Act, Mary E. Brumder
Washington Law Review
The 1976 ULPA is a definite improvement over the 1916 ULPA. The new Act, however, makes only slight changes in one of the important and problematic parts of the old Act—the role of limited partners. As it is likely that a number of legislatures will consider adoption of the 1976 ULPA in the near future, this comment is written to provide guidance in the area of the limited partner's role. After examining the role of the limited partner as it has evolved within the structure of the 1916 ULPA, this comment discusses changes made by the 1976 ULPA and recommends …
Promissory Estoppel In Washington, Joseph D. Weinstein
Promissory Estoppel In Washington, Joseph D. Weinstein
Washington Law Review
This comment clarifies the considerable confusion that befogs the promissory estoppel doctrine in Washington. Part I discusses situations in which a promisee, though unable to establish a traditional contract, can invoke promissory estoppel to obtain relief. Part II examines the elements of promissory estoppel identified in Hill and illustrates their application in various fact patterns.
Uneasy Federalism—State Water Laws And National Water Uses, Frank J. Trelease
Uneasy Federalism—State Water Laws And National Water Uses, Frank J. Trelease
Washington Law Review
Examines tensions between state water rights laws and federal projects that require water. Presented as the Walker-Ames Lecture, University of Washington, Seattle, April 10, 1980.
Washington's Underinsured Motorist Statute: Balancing The Interests Of Insurers And Insureds, Bertha Baranko Fitzer
Washington's Underinsured Motorist Statute: Balancing The Interests Of Insurers And Insureds, Bertha Baranko Fitzer
Washington Law Review
This comment will distinguish the uninsured/underinsured motorist problem and coverages, and will outline the 1980 amendment to Washington's uninsured motorist statute. The comment will then discuss some areas of the law likely to cause controversy and suggest resolutions to these issues. The proposed resolutions follow the approach taken by the legislature, balancing the conflicting interests of insureds and insurers.
Constitutional Law: Search And Seizure—The Role Of Police Officer Good Faith In Substantive Fourth Amendment Doctrine—Michigan V. De Fillippo, 443, U.S. 31 (1979), Richard E. Gifford
Constitutional Law: Search And Seizure—The Role Of Police Officer Good Faith In Substantive Fourth Amendment Doctrine—Michigan V. De Fillippo, 443, U.S. 31 (1979), Richard E. Gifford
Washington Law Review
This note challenges the Court's implicit assumption that a policeman's good faith reliance is relevant in determining whether the fourth amendment has been violated. That assumption is incompatible with precedent. Prior decisions suggest good faith reliance should not be considered until after the court has established that a violation occurred and applicability of the exclusionary rule is at issue. Without offering a coherent explanation for its departure from precedent, the DeFillippo Court casually added police good faith to the already complex body of substantive search and seizure law. Thus, the decision created yet another dimension of disquieting uncertainty in the …
Constitutional Law—The Scope Of The Commerce Clause In International Commerce—Japan Line, Ltd. V. County Of Los Angeles, 441 U.S. 434 (1979), Laura Treadgold Oles
Constitutional Law—The Scope Of The Commerce Clause In International Commerce—Japan Line, Ltd. V. County Of Los Angeles, 441 U.S. 434 (1979), Laura Treadgold Oles
Washington Law Review
By exempting containers in international commerce from local ad valorem property taxes, the Japan Line Court's interpretation of the commerce clause gives foreign merchants an advantage over their domestic competitors. The Court, lacking alternative grounds for exempting foreign containers from the state tax, concluded that the commerce clause justifies such disparate treatment. Rather than adopting an interpretation of the commerce clause which is inconsistent with its purpose, the Court should have upheld the tax and left the difficult question of international tax policy to be resolved comprehensively in a more appropriate forum.
Thinking Clearly About Privacy, Thomas Huff
Thinking Clearly About Privacy, Thomas Huff
Washington Law Review
The purpose of this article is to offer a fresh assessment of the right of privacy. It begins with discussion of the privacy norm, drawing on our ordinary judgments and experiences to clarify and elaborate the interest persons have in privacy. It then reviews some of the Supreme Court's reasoning on privacy, explains the Court's confusions, and proposes a way that we and the Court might think more clearly about these difficult matters.
Criminal Procedure—Luggage Found During A Lawful Warrantless Search Of An Automobile May Not Be Searched Without A Warrant—Arkansas V. Sanders, 442 U.S. 753 (1979), Suzanne Oliver
Washington Law Review
In Arkansas v. Sanders, the U.S. Supreme Court held that in the absence of exigent circumstances, police must obtain a warrant before searching luggage taken from an automobile lawfully stopped and searched for contraband. The majority opinion, written by Justice Powell, sharply restricts further extension of the "automobile exception" to the warrant requirement of the fourth amendment. The Court found the exception inapplicable for two reasons. First, a suitcase in the custody of police lacks the inherent mobility of an automobile. Second, there is a much greater expectation of privacy associated with luggage than is associated with a car. A …
Legal Method—Deciding The Retroactive Effect Of Overruling Decisions—Lau V. Nelson, 92 Wn. 2d 823, 601 P.2d 527 (1979), Robert B. Fisko
Legal Method—Deciding The Retroactive Effect Of Overruling Decisions—Lau V. Nelson, 92 Wn. 2d 823, 601 P.2d 527 (1979), Robert B. Fisko
Washington Law Review
On December 21, 1978, the Washington Supreme Court decided in Robberts v. Johnson to overrule the common law gross negligence rule applied in Lau and earlier cases, and to adopt the ordinary negligence rule, followed by a majority of states. Remanding to trial on an ordinary negligence standard, the court gave plaintiff Robberts the retroactive benefit of the new rule, but remained silent on any further retroactive effect of the decision. The principal issue in Lau's second appeal, argued after the filing of the Robberts decision, was whether and to what extent the Robberts overruling decision should be given further …
The Impact Of Common Law And Reform Rape Statutes On Prosecution: An Empirical Study, Wallace D. Loh
The Impact Of Common Law And Reform Rape Statutes On Prosecution: An Empirical Study, Wallace D. Loh
Washington Law Review
In July 1975, riding the crest of the national reform movement, the Washington State legislature enacted a new rape law that repealed a centenarian, common law-based statute. This article presents the results of an empirical study of the effects of the common law and reform rape statutes on prosecution in King County (Seattle), Washington, and assesses the implications of the findings for the law of rape and for prosecutorial discretion in the charging of rape. To the extent that definitional elements of the new Washington law have parallels in reform statutes of other states, and the statistical profile of the …
Federalism And The Soviet Constitution Of 1977: Commonwealth Perspectives, William C. Hodge
Federalism And The Soviet Constitution Of 1977: Commonwealth Perspectives, William C. Hodge
Washington Law Review
Part I of this article will consider the 1977 Constitution in a general manner, focusing on the debate over whether it represents an advancement of the rule of law, or an embodiment of arbitrary party power. Part II will focus on the validity of the Soviet model of federal republican sovereignty. Throughout, the experience and constitutions of other nations will be drawn upon for comparison and analysis.
Informed Consent In Washington: Expanded Scope Of Material Facts That The Physician Must Disclose To His Patient, Edwin Rauzi
Informed Consent In Washington: Expanded Scope Of Material Facts That The Physician Must Disclose To His Patient, Edwin Rauzi
Washington Law Review
Part I of this comment charts the current contours of the informed consent doctrine and traces the general pro-plaintiff shift which has developed since Washington recognized the tort a decade ago. The model used to illustrate this shift is a continuum, with the poles representing doctrinal and social policy choices favorable either to the plaintiff-patient or to the defendant-physician. Part II examines the expanded scope of the physician's duty to disclose material facts. This comment posits that the material facts which the physician must disclose to his patient are the risks involved in a proposed treatment, the alternatives to the …
Constitutional Law—Equal Protection And The Neighborhood School Concept: The Demise Of The De Jure-De Facto Distinction—Seattle School District No. 1 V. Washington, 473 F. Supp. 996 (W.D. Wash. 1979), Appeal Docketed N. 79-4674 (9th Cir. Sept. 19, 1979), Dan M. Albertson
Washington Law Review
This note analyzes the district court's opinion in Seattle School District No. 1 v. Washington in the context of current doctrines in the field of school desegregation and concludes that the protected status previously accorded to the neighborhood concept6 will be substantially undermined if the Seattle decision is upheld on appeal
Labor Law—Executive Legislation In The Federal Procurement System—A.F.L.-C.I.O. V. Kahn, 618 F.2d 784, Cert. Denied, 443 U.S. 915 (1979), Pam Mrkvicka
Washington Law Review
This note first explores prior uses of the section 205(a) powers to support executive orders. Second, it discusses flaws with analogizing from those orders to the wage and price control order, and highlights the missing element of congressional approval in this case. Lastly, it examines constitutional questions posed by the decision. This note concludes that the court was mistaken in finding a close nexus between the FPASA and President Carter's order. In its application of the close nexus test, the court abrogated the statutory standards limiting executive discretion under the FPASA. The court's interpretation of the Act delegates more power …
Torts—Wrongful Birth—New Jersey Recognizes Emotional Distress Damages In A Wrongful Birth Action Involving A Deformed Child—Berman V. Allan, 80 N.J. 421, 404 A.2d (1979), T. Ryan Durkan
Washington Law Review
This note begins by reviewing developments that created the legal and social setting for the Berman decision. After analyzing the court's opinion the focus shifts to the issue of damages. A valuation scheme is then proposed to effectuate the conclusion that both pecuniary and emotional damages should be awarded in wrongful birth actions involving impaired children.
Criminal Law—Mandatory Jail Sentences: An Effective Solution To The Drunk Driver Crisis?—Wash. Rev. Code § 46.61.515 (1979), John T. Oliver
Criminal Law—Mandatory Jail Sentences: An Effective Solution To The Drunk Driver Crisis?—Wash. Rev. Code § 46.61.515 (1979), John T. Oliver
Washington Law Review
In 1979 the Washington Legislature amended the drunk driver statute to prescribe a minimum mandatory one-day jail sentence. This sanction is an inappropriate response to the existing crisis of intoxicated drivers on state roads and highways. It is unlikely that the mandatory jail term will be more than marginally effective as a deterrent to drunk driving; this sanction has not previously proven effective as a deterrent for the offense of driving while intoxicated (DWI). Moreover, the amended statute is likely to create substantial practical problems. By restricting the flexibility of the criminal justice system and increasing the likelihood that offenders …
State Statutory Restrictions On Financial Distributions By Corporations To Shareholders, Richard O. Kummert
State Statutory Restrictions On Financial Distributions By Corporations To Shareholders, Richard O. Kummert
Washington Law Review
After a long period of dormancy, interest appears to have quickened in the possible reform of the statutory provisions enacted by most states to regulate payments by corporations to their shareholders. The California legislature recently adopted a relatively unique series of restrictions on dividends and repurchases of shares as part of an overall revision of that state's Corporations Code. And the Committee on Corporate Laws of the American Bar Association section on Corporation, Banking and Business Law recently revised almost all of the financial provisions in the Model Business Corporation Act. In view of these developments, it is fair to …
Constitutional Law—The Privileges And Immunities Clause Of Article Iv: Fundamental Rights Revived—Baldwin V. Fish & Game Commission, 436 U.S. 371 (1978), Walter G. Spilsbury, Jr.
Constitutional Law—The Privileges And Immunities Clause Of Article Iv: Fundamental Rights Revived—Baldwin V. Fish & Game Commission, 436 U.S. 371 (1978), Walter G. Spilsbury, Jr.
Washington Law Review
In Montana, nonresident sportsmen wishing to hunt solely for elk must purchase a big game combination license, though residents may acquire a separate elk license. In addition, Montana imposes substantially higher license fees on nonresidents, effectively requiring them to pay 28.2 times more than residents for the privilege of hunting elk. Plaintiffs challenged Montana's elk-hunting license fee scheme, charging that it discriminated against nonresident elk hunters in violation of the privileges and immunities clause of article IV, section 2 of the Constitution. A divided three-judge district court denied plaintiffs' demand for declaratory and other relief. In Baldwin v. Fish & …
Dedication To William O. Douglas, William J. Brennan, Jr.
Dedication To William O. Douglas, William J. Brennan, Jr.
Washington Law Review
Short remarks on the passing of Justice William O. Douglas.